Matter of Davenport v City of Mount Vernon
Motion No: 2011-04131
Slip Opinion No: 2012 NY Slip Op 91145(U)
Decided on November 21, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M146622

E/sl

RANDALL T. ENG, P.J.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-04131

In the Matter of Kenneth Davenport, petitioner,

v City of Mount Vernon, et al., respondents.

(Index No. 18657/09)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78 to review a determination of the Fire Commissioner of the City of Mount Vernon dated October 20, 2010, which was determined by decision and judgment of this Court dated June 13, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

ENG, P.J., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court